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INFORM NOT ENOUGH: CASE AGAINST Gelmini decree

How Parents' Committee have taken a series of contacts with other similar groups of parents and / or teachers, all committed to the defense of public schools. The Parents' Committee of Florence in recent months has proved very active in this regard. One of his initiative is an appeal against the ministerial circular relating to the registration and, through it, the plan School reorganization that underlies it. Below are a significant excerpt of Appeal (the full text is the site of the Parents' Committee of Florence, www.retescuole.net). In that action, if continued in subsequent judicial offices, will bring its contribution to our Parents' Committee. Anyone interested in supporting this initiative are invited to contact us.

Regional Administrative Court of Lazio
ACTION
(...) Against

Ministry of Education '
AND RESEARCH (now MIUR), in the person of the Minister pro-tempore in
office;
MINISTRY OF ECONOMY AND FINANCE
in the person of the Minister pro-tempore in office
COUNCIL OF MINISTERS, in the person of the President in office protempore


after suspension for the cancellation of the CM
No 4 MIUR prot. No 381/RUU 04 of 15 January 2009
not formally published concerning "
school enrollment of children and schools of all levels, regarding the 2009/2010 school year
" in part on information in the school
childhood and the first cycle, as well as any other act in mind,
connected and consequential, including all acts of implementation, not known

and with regard to any
schema Plan Programmatic
provided by the Ministry of Education, University and Research (now MIUR) in consultation with the Ministry of Economy and Finance
and still
not formally adopted. FACT

(...)
On 03.09.2008, the Ministry of Education in cooperation with the Ministry of Economy and Finance has prepared
scheme
programmatic plan of action "aimed at further rationalization of human resources
and instrumental
available, offering greater effectiveness and efficiency of the education system
"said scheme has been sent to the prescribed
opinions on both the relevant committees Both the parliamentary Joint Conference
art. 8 DL.vo No 281/97. On 27/11/2008 the
VII Commission of the Chamber of Deputies and on 03/12/2008
the Commission VII of the Senate have expressed opinions provided,
which, however, contain numerous conditions under which the Ministry of Education would be
should follow the formal adoption of that plan.
Following these views with the comments
MIUR in cooperation with the Ministry of Economy and Finance should have considered the observations contained in the opinions and
provide
after the formal adoption of the Plan.
To date, however, that plan has not been formally adopted
.
On the basis of the "program plan", duly adopted after the acquisition of prescribed
opinions, the Government should have
issue the regulations referred to in art. 17, paragraph 2 of Law No 400/88,
looking at the following location:
a) proposal for the Ministry of Education in cooperation with the Ministry of Economy and Finance
.
b) Acquisition of the opinion of the Joint Conference under Legislative Decree n.
281/97.
c) Opinion of the State Council.
d) Resolution of the Council of Ministers.
Pending those proceedings, MIUR, on the basis of a draft regulation
, with the contested
the CM has given instructions for registration pupils for the school year 2009/2010;
these instructions, however, anticipate legislation still under development and are required by law
currently in force and with all the training organization
adopted in educational institutions and in particular the
POF of each school, as is known, it must take
before the school year.
It should also be noted that on 28.01.2009 the Conference
Unified art. 8 DL.vo No 281/97 made the required
opinion on the draft Regulation, it is clear from the opinion so that
clear majority of the regions have
ANCI negative opinion and with reference to the schema of
programmatic plan for both cuts in staff and co-presences,
for inclusive education.
addition, the date of 12/02/2009 National Council of PI
unanimously expressed a negative opinion on the draft Regulation
, stating in its conclusions, "which highlighted the critical
up a training framework that:
  It compromises the effectiveness of training in schools and early childhood
cycle of education;
  affects the dignity of public education;
  No offer equal opportunity and choice
throughout the country. "
The MIUR, despite these negative opinions has maintained that the contested
CM, in blatant violation of existing legislation, gives
mandatory provisions as if the regulation, still under development, was already in place
, however, as the draft rules, including the CM
contrasts with the pattern of the program plan.
(...)
In light of the above, briefly state it is clear that the Ministry
appeal with the CM did not limit himself to inform the families of
measures pending that could change
the attitude of the school system, but gave indications
operating as if such measures were already adopted and
were already binding and indeed has attached models of applications for registration
prepared in accordance with the legislation still being
adoption .
The applicants are parents of children who
In school year 2009/2010 will have to attend school and / or primary and
school teachers and primary , all interested in maintaining the current organizational structure

and primary school both in terms of teaching effectiveness, is also
for concrete work and family needs.
The contraction of school time, the abolition of co-presences,
the introduction of the teacher are prevalent
provided some of the interventions that have a very negative
teaching effectiveness and educational organization with the consequent contraction of even the
school staff.
LAW
The challenged acts are unlawful for the following REASONS

1) violation of constitutional principles and in particular Articles
. 3, 33 AND 34 COST. (...)
2) VIOLATION OF ARTICLE. No. 64, 25.6.2008 112
amended and converted into Law 06.08.2008 N. 133 E
VIOLATION OF ARTICLE. COST 97. (...)
3) VIOLATION OF ARTICLE. COST 97. AND EXCESS POWER FOR OBVIOUS INCONSISTENCY
'and injustice. (...)
4) declares that Article. 64, 3rd and 4th
PARAGRAPH OF DL 25.6.2008 N. 112, converted with amendments into Law 06.08.2008 N.
133 AND ART. 4
No. 9 DL 01/09/2008 137, L. C. TO IN 30/10/2008, N.
FOR VIOLATION OF ARTICLE 169. 77 AND 97 OF THE CONSTITUTION. (...)
5) VIOLATION OF ARTICLE. 3, 33 AND 34 COST.
ON THE PRINCIPLE OF SELF-EDUCATION STATE SYSTEM
. (...)
6) A BREACH OF THE PRINCIPLE OF AUTONOMY
SCHOOL OF ARTICLES. 33, PARAGRAPH 1 AND 117, PARAGRAPH 2
COST. AND ART. Presidential Decree No. 3 275/1999. (...)
7) VIOLATION OF ARTICLE. 4 DLN 133/08, C. L. TO IN 169/08 E
THE PRINCIPLE OF EQUALITY IN ART. 3 COST.
AND THE RIGHT TO EDUCATION IN THE ARTS. 33 and 34. (...)
8) declares that Article. 64, 3rd and 4th
PARAGRAPH OF DL 25.6.2008 N. 112, L. C. TO IN 06/08/2008 No 133 E
ART. 4 No DL 137/08 TO IN L. C. 169/08
FOR VIOLATION OF ARTICLES. 3, 70 97 E 117 of the Constitution.
ILLEGAL 'DERIVATIVE. (...)
9) declares that Article. 64, 3rd paragraph
OF DL 25.6.2008 N. 112, C. TO IN LN 133/08, WITH RESPECT
ART. 117, 3rd and 6th PARAGRAPH OF COST. (...) Application for suspension

The prima facie case is quite clear, the CM
it lacks any legal basis.
The danger in delay is also evident, as evidenced by the fact
news print most of the families called for the full-time basis to appeals
that CM is not only warranted, but is offered without
presence and therefore strongly
resized.
Finally it should be noted that the CM requires appeal to families with no choice
a certain proposal. PQM

It calls, following, where appropriate, referral to the Constitutional Court
the issue of unconstitutionality of art. 64, No DL
112, 2008, in L. c.to No And Article 133 of 06/10/1908. 4 of Decree 137/08
c.to in L. 30/10/2008 No 169 for violation of Art. 3, 33,
34, 70, 77, 97, 117 paragraph 2, 3 and 6, the acceptance of the appeal
consequent annulment of the contested measures with each
consequential effect of the victory of law and court fees.
(...) Rome, 12/03/2009

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A NETWORK IN DEFENSE OF PUBLIC SCHOOL (2): The initiative "Open School" in Massa Marittima

Teachers and parents of the Comprehensive Massa Marittima organized a good initiative "School Open "in which to demonstrate the solid educational system provides the current result, which is likely to weaken and educational organization with the cuts imposed by the new rules. We give below an overview by the material used for this demonstration of the vitality of the public school, which does not give vitality to the weakening in place.

"Open School" - from 3 to 11 November 2008
In a time when the school is overwhelmed by an avalanche of confusing and contradictory statements that help to suppress it, almost as much as the cuts accounting Minister Tremonti, we offer a week in which Massa Marittima school opens with a series of initiatives, citizens, local institutions, associations and, above all, the boys
to reflect together on what we call today a modern system of education and training;
to publicize the professional resources that work to 'internal the school;
to bring into play its proactive approach, applying the well-established design experience.
The school, therefore, will be open
or part-time continued to emphasize that the timing of education and education are no time constraints, savings, but are lengthy, extended;
Ø with flexible structure of the activity, emphasize that the timing of the school are not as rigid as those of a factory, but they require flexibility in response to the needs and times of individuals in growth and formation of which she cares;
or for free, to emphasize that the value of the school is not measured in € ;
or in public buildings, to emphasize that the right to education is a primary right and that the Constitution stipulates that it is the duty of ensuring and enhancing a democratic state;
Ø with several contributions to stress that the public school system is in place which differences coexist, interact, complement each other.

"Open School" - from 23 to 28 February 2009
For ideal follow an open dialogue with students, families, citizens at the first week of "Open School" last December, we propose a new week, in which the doors of the School of Massa Marittima start to reflect on education and on the formation of the younger generation. We are comforted and sustained by the active contact with local authorities (by which we could organize conferences / public meetings last December) and the Parents' Committee, born during our first week of action.

"Open School" - May 25 to 30 weeks 2009Una of initiatives and activities to reflect on problems and prospects Italian schools: an opportunity for dialogue with students, families, citizens, organized by the Institute of Comprehensive Massa Marittima, in collaboration with the Parents' Committee and the Municipal Library. Among the activities: supervised study for students, pupils Cineforum Middle School, Conference on public school, middle school curriculum lessons, Peer Education, Picture Project "Human Rights", Opinion Journalism Laboratory School Middle School, Reading School of the animated ' Childhood, Reading animated Elementary School, Presentation of the book Magic in school Ardy G. Bassi, Readings in time to rock, Wise students of the Musical "Martin O." Massa Marittima

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A NETWORK IN DEFENSE OF PUBLIC SCHOOLS (1): INSTITUTE INCLUDING MASS MARITIME

We recently received a polite email from a professor of School of the Comprehensive Massa Marittima. Informs us that has been started, since last fall, in collaboration with a local infant Parents' Committee, a series of initiatives aimed at informing the citizens about what is happening to the Italian school. The following is a document drawn up by the teachers of the Institute, which explains the reasons for their actions, which are then essentially the same form that led to our Committee also Gecos.

Document approved by the Teaching Institute Comprehensive Massa Marittima, 27 / 10 / 2008
Regulatory intervention carried out and under construction, about school, arouse in us considerable concern because:
- a method has been used as the questionable use of decree-law (generally used for emergency measures), excluding any involvement in the world school in the intervention project;
- we can not find any ministerial action in education project, but sees in it only the will to reduce public expenditure;
- is no foundation to the equation: generalized reduction in school time and professional resources = better quality of service;
- the school time reduced and compressed for more classes in more numerous, will not be considered in a careful and effective all the specific needs that exist in each class: foreign students, disabled students, students with learning difficulties is also determined by social marginalization
- this time in school reduced and compressed will eventually take over the regular curriculum, excluding quickly the most innovative teaching methods, developed over years of experience in the field, consisting of projects, research and diversification strategies, based on the real needs of students and the diverse characteristics territorial
- the possible reduction of the Nursery School hour morning session only removes that type of school as having an educational and learning for children and puts in serious difficulties for many families where both parents work;
- can not be scared at the prospect of entry to school for many young teachers competent motivated and at risk of having to change their life plan and create the confusion that still exists uncertainty about the criteria for the award of merit to teachers;
are concerned about signs of authoritarian pedagogical model that belies the long and passionate history of a school welcoming caring, inclusive;
- it seems fair to ask the reflection of the adults (colleagues, parents, administrators, citizens) on the sensitive issues of education, asking: What future do we want for our children?

We believe that greater consideration of the voice strong criticism from us, school professionals, can dilute the risk of regulatory intervention in place and can at least stimulate the rethinking, calling on it to the attention of many people as possible.

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Press (4) - THE REFORMED SCHOOL = MORE 'MONEY FOR PRIVATE SCHOOLS

Corriere di Maremma - Corriere della Scuola "of May 19, 2009
THE CHAMBER ASKS FOR MORE 'FUNDS TO PRIVATE SCHOOLS
A bipartisan motion

While the executive size 8000000000 (And 134 000 persons) to public school, the Chamber engages in the coming months because the government increase funding to private schools. The promoters of the resolutions adopted at the session last May 6 knows that the economy minister, Giulio Tremonti, is preparing the Budget for 2010. Two of the three motions that have met the approval of Deputies of the classroom, in substance, first asking private schools to give back to the "ill-gotten gains" (read cut made by the Finance Act 2009) and, subsequently, to widen the purse strings . The need to support private schools, which are involved in the field the Catholic Church has made the House a fairly broad agreement that involved a piece of the opposition. The motion asks the government to "increase the resources allocated to the system equal" is signed by thirty Members of the PDL, the League and the Movement for the autonomy of Raffaele Lombardo.
The issue is approached from afar. We need to "implement measures-reads the text-to facilitate and promote the conditions for true freedom of choice of educational statai families between schools and equal." To "facilitate the educational choice of families" need "a specific legislative instrument, with additional resources state, put into special measures in support of freedom of choice in education "of parents italiani.I Members have a clear idea about it. The answer is given by "a mix of instruments such as vouchers to cover, in whole or in part, the costs of enrollment and attendance in private schools, tax deductions for families who enroll their children in private schools to an extent adequate to significantly reduce costs, a calibrated scale for families with lower incomes. " Applicants urge the government "to take steps to recover the missing resources for the funding situation at the private school for the financial year 2009, substantial amount to those awarded in fiscal 2008 ": about 500 million . Equal to the amount that managers seem insufficient and which could be increased by another 100 million.